intervention in the alternative damages calculation he performed under s. 17.4 ($1,059,725) or in his award of damages for
termination of the AMS services part of the Subcontract.
 Consequently, I would reduce the damages awarded to
Siemens by $1, 344,275 ( i.e., $2,404,000 less $1,059,725). That
would result in an award of damages to Siemens of $4,947,405
( i.e., $6,291,680 less $1, 344,275).
VII. Fourth Issue: Costs
 Siemens and Sapient resolved the costs below, fixed at an
award of $3,100,000 to Siemens, subject to the outcome of any
appeal made by Sapient.
 In the event this court reduced the damages awarded to
Siemens, the parties agreed that the costs of the proceedings
below should be remitted to the trial judge for his further consideration.
 For the reasons set out above, I would reduce the damages
awarded to Siemens by $1, 344,275. Accordingly, I would set
aside para. 1 of the judgment and substitute an award of damages in favour of Siemens in the amount of $4,947,405. I would
also set aside the award of costs to Siemens and remit the issue
of the costs below back to the trial judge.
 The parties agreed that the successful party on the appeal
would be entitled to costs fixed at $50,000. In the result, success
on the appeal has been mixed. In the event the parties are unable
to resolve the issue of the costs of the appeal, they may file brief,
written cost submissions to the panel no later than April 30, 2018.
Appeal allowed in part.
Corporation of the Canadian Civil Liberties Association
v. Her Majesty the Queen as Represented by the
Attorney General of Canada
[Indexed as: Canadian Civil Liberties Assn. v. Canada (Attorney General)]
2017 ONSC 7491
Superior Court of Justice, Marrocco A.C.J.S.C. December 18, 2017
Charter of Rights and Freedoms — Cruel and unusual treatment or
punishment — Inmates — Provisions of Corrections and Conditional
Release Act which permit administrative segregation of inmates not